The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1887-12-09
LAMAR On LAND oRANTs.

LAMAR ON LAND GRANTS.
Synopsis q the Forthcoming Report Of the
Secretary Of the Insssioe.
This land grant legislation 'was certainly
not in harmony with tho theory Of distribu-
ton Of the public domain among the people,
and gave up to capitalists as Q blsis for TIE fic
andspecu'ation and gigantic financial tchemes
what was By the original policy OF the govern
ncnt designed to be homes for an industrious
and thrifty people, aboies Of domestic happi-
ness and virtue and patriotiem. Notwith-
standing these indemnity Withdrawals were
made exclusively for the interests Of certain
companies. few Of these, II any Of them, con-
structed their roads within the time prescrit-
ed in the granting act as an express condition
on which the grant was mlde. Maps Of
"probahis," general" ss~dcsignated," and
"iefnite" rcutcs Of said roads were filed with
rspidity in the department, and withdrawals
hereunder asked and am ,st Invariably
granted, until the public land, states end ter
%ritories, warc gridirened over with RAILROADS
granted and Indemnity limits; aldin many
instances the limits Of one road overlapping
and cond citing with other roads in q most be-
wt,derfag manner, SO that the settler seeking
a home could scarcely find a DISQUALIFICATION
'hat was not Claimed BY some one, or perhaps
two OF three, OF the many roads to which
grants OF land bad been made by congrese.
Nor was this eli. Though q desired tract
might not be, appart nifty, covered by rsil
road location, the settler would hardly select
u bsfofc agents of the corporations would get
up q claim to 1t, or to the right to occupy and
denude 1t under the risht-o.-yay and en-
struction privileges conferred by tine grant
Ing act. Thus the e%ettlcr, iguorant Of his
legal rights, and with no one to advise him
With respect to either the law or facts, would,
for the sake Of peace and homo, readily cor.
seat to purchase from tie company. In this
way these corporations, in addition to the
lands granted to them, have claimed, sold and
received the price of a great denl of other
lands to whi.h they had neither legal NOR
t0orAl right, nor a shadow of either. The
confusion, hardship and impcsltions prac-
t!ccd upon the settlers were greatly increased
by bold sciitmes OF the corporate agents where
with irawa's were made OF llnds to which the
legal title OF the companies had roa attached,
and which afterwaTl rcma ned in the samc
condition for ycsrs, through the failure Of
congress to make the necessary apprcpr.a.
tons for surveys.
Wten, however, through partial surveys or
adjustments Of grants the lands thus sold by
thc c ,apary were found to be outside Of tie
grants, and determined by the department to
De public lands, the purchaser fr5m the C ,p,-
pauy foucd himself In the unfortunate pre-
dicatient Of having lost beth Ills land and his
mouey. Generally Without means to enter
into costly litigation with the powerful co.,
p~orstior, the deprivation of his homs, the ex-
pend!turc and waste OF his years, energy and
strength In redceming that home from its
wild condition, rendered his mere technical
right OF action against the company but little
more than MT celery.
IL mattered not what might be his %tqrl,ics,
scaniIet by years Of toll, upon what ne he.
Hsved to be q Part of the national domain. j.
vas declared by the highest Judicial tribunal,
as %sxpouaded uythe h:gaess law cfictrs of
the executive. that withdrawal once made by
competent authority was legal and c~iIs..ivc
to exclude oil FROM Intrusion within its
limits.
oae suc, ease. where hardship and inias.
tice We're abont 10 be Inflicted under the Law.
came undcS ,orr observation. I3scretery iie.e
cites the noted Guiiforl Miller easel. After
Nesrs of waiting, congress had failed to en-
power the department &, make the necessary
eurysys. whereby some OF the grants nigh. he
adjusted, and no immediate pcosfsct cs sucl
surveys YVES ia sight. But q lsw was passed
Ma1cfs 8, 1857, Whereby the secretary of the
Interior WAS directed to immediately adjust
ct eli OF the railroad land srauts male by co.,
gfsss to aid In the construction q r%ai!rcads.'
1 entered upon T. mast careful consideration
cf the whole subject of the history ard law
relating to lard trants: ard concluded that
II The department was clothed with authority
to make indsmnt'y W tht'r ,~als IS hal been
dare in CD may instances, the exercise of
that authority was Il matter entirely with IL
sound discretion and not q rastter OF legal or
1s>a'iNH al Nay 1csPCCts tO0t lue EHLue OuGU
discretion, which in the interest of the COIL
psnies justified said %wiihdrawls, now demand
cd rarcmptsIiIY. in the public interest, y
speedy revocation of the same; and that The
most Effective way Of txpeditipg the a. just
mcat of the land grants. and doing exact
justice to the companies, guarding and pre-
moti:ig the interests of settlers also, was to
permit the pubic to enter into competition
with the companies in the selection OF the
lands heretofore Withdrawn for indemnify
purposes.
The secretary refers to his rule Of May %
upon different compaaies to show cause why
the Withdrawals should not be revoked. H..
adds.
Some Of the companies failed to shaw cause;
others fled answers asserting to arevocstfor.
as thy had received satisfaction Of their grant,
either in full or as far as possible; others as-
sent!rg on condition that the lands covered
~ selections already made should he e1-
ceptedfrom the order OF revocation, and Other
companies ot isc.td to the order of revocation
as Illegal and in violation of their chartered
rights. Briefs were flcd and oral arguments
accorded I'd the counsel Of ouch companies rs
desired to be heard, all Of which we're fully
aid carefully c ,na:deree, as vas due to the
importance II the questions and the magni-
-. .